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Rajpal v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 12735 of 2006 [2006] RD-AH 13525 (17 August 2006)


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Hon'ble Mukteshwar Prasad, J.

Heard learned counsel for the applicant and learned A.G.A. for the State and perused the FIR, post-mortem report, charge sheet and the case diary also.

Learned counsel for the applicant has contended that the applicant is involved in case crime no. 17/06, under Sections 307 and 302/34 I.P.C., Police Station Achhalda, District Auraiya.

It is contended that two co-accused Jeevan Singh and Rajjan were bailed out by learned Sessions Judge on 23.5.2006. The applicant is said to have fired at the deceased (Jai Karan, son of Pooran Singh) by licensed gun of his father and caused grievous injury on the right hip. According to applicant's learned counsel, the cause of death was septicemia resulting from ante-mortem injuries. He has further submitted that negligence on the part of the doctors caused the death and not the injury in question. It is also urged that the incident took place on 4.3.2006 and death took place on 11.3.2006.

On the other hand, learned A.G.A. has submitted that the fatal shot was fired at by the applicant and he, in fact, is the main assailant and responsible for causing death of Jai Karan.

Having considered the submissions made on behalf of the parties and this fact that the investigation has been completed and the applicant and two others have been charge sheeted by the Police and the role assigned to the applicant as well as the nature of injury caused to the deceased, I am inclined to release the applicant on bail.

Let the applicant-Rajpal be enlarged on bail on his executing a personal bond and furnishing two sureties, each in the like amount to the satisfaction of C.J.M., Auraiya in Case Crime No. 17/06, under Sections 307 and 302/34 I.P.C., Police Station Achhalda, District Auraiya. I further direct that the applicant shall report to the Police Station concerned once in every month on a date and time to be fixed by the local Police.




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